Certain federal grantees have received a letter from the Health Resources and Services Administration, regarding the Pilot Program for Enhancement of Employee Whistleblower Protection (the “Pilot Program”). This communication informs federal grantees, subgrantees, contractors, and subcontractors of their obligations under the Pilot Program, as authorized by the National Defense Authorization […]
Publications
National Practitioner Data Bank Issues Draft Revised Guidebook
On November 22, 2013, a new revised draft of the National Practitioner Data Bank (NPDB) Guidebook was made available to the public. The previous publication date was in 2001, so there were many controversial issues to be addressed in the revised draft. The availability of the revised draft Guidebook was […]
Clarification of Therapy Coverage Under New Manual Updates Stemming from the Jimmo v. Sebelius Settlement.
The Centers for Medicare and Medicaid (CMS) issued Transmittal #R175BP which became effective January 7, 2014, updating the Benefit Policy Manual sections governing skilled nursing facilities (SNF), inpatient rehabilitation facilities( IRF), home health (HH) agencies and outpatient therapy (OPT) benefit coverage requirements. The settlement agreement in the Jimmo v. […]
FTC Joining the Regulatory Framework for Health Care Data Security Practices
On January 16, 2014, the Federal Trade Commission (FTC or Commission) issued a decision denying a motion to dismiss by LabMD, Inc. (LabMD) in an administrative proceeding against it. The bulk of the decision centered on rejecting LabMD’s argument that the FTC lacked authority to regulate LabMD’s data security practices […]
Eighth Circuit Court of Appeals Finds Request for Grooming Assistance In Addition to Sexual Advances Supports Quid Pro Quo Harassment Claim
The United States Court of Appeals for the Eighth Circuit rejected the district court’s finding that a municipal worker fired after complaining her boss made unwanted physical advances could not establish quid pro quo harassment under Title VII. The district court found the supervisor’s alleged behavior was “asexual,” or not […]